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Criminal Justice Bill


Criminal Justice Bill
Schedule 25 — Increase in maximum term for certain summary offences

340

 

      (3)  

In section 75 (investigation of accidents), in subsection (5), for “three

months” there is substituted “51 weeks”.

Anatomy Act 1984 (c. 14)

31         

In section 11 of the Anatomy Act 1984 (offences), in subsection (6), for “3

months” there is substituted “51 weeks”.

5

Public Health (Control of Disease) Act 1984 (c. 22)

32    (1)  

The Public Health (Control of Disease) Act 1984 is amended as follows.

      (2)  

In section 29 (letting of house after recent case of notifiable disease), in

subsection (1), for “one month” there is substituted “51 weeks”.

      (3)  

In section 30 (duty on ceasing to occupy house after recent case of notifiable

10

disease), in subsection (1), for “one month” there is substituted “51 weeks”.

      (4)  

In section 62 (powers of entry), in subsection (3), for “3 months” there is

substituted “51 weeks”.

County Courts Act 1984 (c. 28)

33    (1)  

The County Courts Act 1984 is amended as follows.

15

      (2)  

In section 14 (penalty for assaulting officers), in subsection (1)(a), for “3

months” there is substituted “51 weeks”.

      (3)  

In section 92 (penalty for rescuing goods seized), in subsection (1)(a), for

“one month” there is substituted “51 weeks.”

Animal Health and Welfare Act 1984 (c. 40)

20

34         

In section 10 of the Animal Health and Welfare Act 1984 (artificial breeding

of livestock), in subsection (6), for “three months” there is substituted “51

weeks”.

Police and Criminal Evidence Act 1984 (c. 60)

35         

In section 63C of the Police and Criminal Evidence Act 1984 (testing for

25

presence of drugs), in subsection (1), for “three months” there is substituted

“51 weeks”.

Sporting Events (Control of Alcohol etc.) Act 1985 (c. 57)

36         

In section 8 of the Sporting Events (Control of Alcohol etc.) Act 1985

(penalties for offences), in paragraph (b), for “three months” there is

30

substituted “51 weeks”.

Public Order Act 1986 (c. 64)

37    (1)  

The Public Order Act 1986 is amended as follows.

      (2)  

In section 12 (imposing conditions on public processions)—

(a)   

in subsection (8), and

35

(b)   

in subsection (10),

           

for “3 months” there is substituted “51 weeks”.

 

 

Criminal Justice Bill
Schedule 25 — Increase in maximum term for certain summary offences

341

 

      (3)  

In section 13 (prohibiting public processions)—

(a)   

in subsection (11), and

(b)   

in subsection (13),

           

for “3 months” there is substituted “51 weeks”.

      (4)  

In section 14 (imposing conditions on public assemblies)—

5

(a)   

in subsection (8), and

(b)   

in subsection (10),

           

for “3 months” there is substituted “51 weeks”.

      (5)  

In section 14B (offences in connection with trespassory assemblies and arrest

therefor)—

10

(a)   

in subsection (5), and

(b)   

in subsection (7),

           

for “3 months” there is substituted “51 weeks”.

Road Traffic Offenders Act 1988 (c. 53)

38    (1)  

Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and

15

punishment of offenders) is amended as follows.

      (2)  

In the entry relating to section 4(2) of the Road Traffic Act 1988 (driving, or

being in charge, when under the influence of drink or drugs), in column 4,

for “3 months” there is substituted “51 weeks”.

      (3)  

In the entry relating to section 5(1)(b) of that Act (driving or being in charge

20

of a motor vehicle with alcohol concentration above prescribed limit), in

column 4, for “3 months” there is substituted “51 weeks”.

      (4)  

In the entry relating to section 7 of that Act (provision of specimens for

analysis), in column 4, for “3 months” there is substituted “51 weeks”.

      (5)  

In the entry relating to section 7A of that Act (failing to allow specimen to be

25

subjected to analysis), in column 4, for “3 months” there is substituted “51

weeks”.

Official Secrets Act 1989 (c. 6)

39         

In section 10 of the Official Secrets Act 1989 (penalties), in subsection (2), for

“three months” there is substituted “51 weeks”.

30

Human Organ Transplants Act 1989 (c. 31)

40         

In section 1 of the Human Organ Transplants Act 1989 (prohibition of

commercial dealings in human organs), in subsection (5), for “three months”

there is substituted “51 weeks”.

Football Spectators Act 1989 (c. 37)

35

41         

In section 2 of the Football Spectators Act 1989 (unauthorised attendance at

designated football matches), in subsection (3), for “one month” there is

substituted “51 weeks”.

 

 

Criminal Justice Bill
Schedule 25 — Increase in maximum term for certain summary offences

342

 

Food Safety Act 1990 (c. 16)

42         

In section 35 of the Food Safety Act 1990 (punishment of offences), in

subsection (1), for “three months” there is substituted “51 weeks”.

Deer Act 1991 (c. 54)

43         

In section 9 of the Deer Act 1991 (penalties for offences relating to deer), in

5

subsection (1), for “three months” there is substituted “51 weeks”.

Social Security Administration Act 1992 (c. 5)

44         

In section 112 of the Social Security Administration Act 1992 (false

representations for obtaining benefit etc.), in subsection (2), for “3 months”

there is substituted “51 weeks”.

10

Criminal Justice and Public Order Act 1994 (c. 33)

45    (1)  

The Criminal Justice and Public Order Act 1994 is amended as follows.

      (2)  

In section 60 (failing to stop), in subsection (8), for “one month” there is

substituted “51 weeks”.

      (3)  

In section 60AA (powers to require removal of disguises), in subsection (7),

15

for “one month” there is substituted “51 weeks”.

      (4)  

In section 61 (power to remove trespasser on land), in subsection (4), for

“three months” there is substituted “51 weeks”.

      (5)  

In section 62B (failure to comply with direction under section 62A: offences),

in subsection (3), for “3 months” there is substituted “51 weeks”.

20

      (6)  

In section 63 (powers to remove persons attending or preparing for a rave),

in subsections (6) and (7B), for “three months” there is substituted “51

weeks”.

      (7)  

In section 68 (offence of aggravated trespass), in subsection (3), for “three

months” there is substituted “51 weeks”.

25

      (8)  

In section 69 (powers to remove persons committing or participating in

aggravated trespass), in subsection (3), for “three months” there is

substituted “51 weeks”.

London Local Authorities Act 1995 (c. x)

46         

In section 24 of the London Local Authorities Act 1995 (enforcement), in

30

subsection (1), for “three months” there is substituted “51 weeks”.

Police Act 1996 (c. 16)

47         

In section 89 of the Police Act 1996 (assaults on constables etc.), in subsection

(2), for “one month” there is substituted “51 weeks”.

Treasure Act 1996 (c. 24)

35

48         

In section 8 of the Treasure Act 1996 (duty of finder of treasure to notify

coroner), in subsection (3)(a), for “three months” there is substituted “51

weeks”.

 

 

Criminal Justice Bill
Schedule 25 — Increase in maximum term for certain summary offences

343

 

Education Act 1996 (c. 56)

49    (1)  

The Education Act 1996 is amended as follows.

      (2)  

In section 444 (failure to secure regular attendance at school), in subsection

(8A)(b), for “three months” there is substituted “51 weeks”.

      (3)  

In section 559 (prohibition or restriction on employment of children), in

5

subsection (4)(b), for “one month” there is substituted “51 weeks”.

Government of Wales Act 1998 (c. 38)

50         

In section 75 of the Government of Wales Act 1998 (witnesses and

documents: supplementary), in subsection (3)(b), for “three months” there is

substituted “51 weeks”.

10

Access to Justice Act 1999 (c. 22)

51         

In section 21 of the Access to Justice Act 1999 (misrepresentation etc), in

subsection (2)(b), for “three months” there is substituted “51 weeks”.

Greater London Authority Act 1999 (c. 29)

52         

In section 64 of the Greater London Authority Act 1999 (failure to attend

15

proceedings etc), in subsection (2)(b), for “three months” there is substituted

“51 weeks”.

Immigration and Asylum Act 1999 (c. 33)

53    (1)  

The Immigration and Asylum Act 1999 is amended as follows.

      (2)  

In section 105 (false representation), in subsection (2), for “three months”

20

there is substituted “51 weeks”.

      (3)  

In section 108 (failure of sponsor to maintain), in subsection (2), for “3

months” there is substituted “51 weeks”.

Financial Services and Markets Act 2000 (c. 8)

54    (1)  

The Financial Services and Markets Act 2000 is amended as follows.

25

      (2)  

In section 177 (offences), in subsection (6), for “three months” there is

substituted “51 weeks”.

      (3)  

In section 352 (offences), in subsection (5), for “three months” there is

substituted “51 weeks”.

Terrorism Act 2000 (c. 11)

30

55    (1)  

The Terrorism Act 2000 is amended as follows.

      (2)  

In section 36 (police powers), in subsection (4)(a), for “three months” there is

substituted “51 weeks”.

      (3)  

In section 51 (offences in relation to parking), in subsection (6)(a), for “three

months” there is substituted “51 weeks”.

35

      (4)  

In Schedule 5 (terrorist investigations: information)—

(a)   

in paragraph 3(8)(a), and

 

 

Criminal Justice Bill
Schedule 26 — Enabling powers: alteration of maximum penalties etc.

344

 

(b)   

in paragraph 15(5)(a),

           

for “three months” there is substituted “51 weeks”.

      (5)  

In Schedule 7 (ports and border controls), in paragraph 18(2)(a), for “three

months” there is substituted “51 weeks”.

Criminal Justice and Police Act 2001 (c. 16)

5

56    (1)  

The Criminal Justice and Police Act 2001 is amended as follows.

      (2)  

In section 25 (enforcement of closure orders)—

(a)   

in subsection (3)(a), for “one month” there is substituted “51 weeks”,

and

(b)   

in subsections (4) and (5), for “three months” there is substituted “51

10

weeks”.

      (3)  

In section 42 (prevention of intimidation), in subsection (7), for “three

months” there is substituted “51 weeks”.

Police Reform Act 2002 (c. 30)

57         

In section 46 of the Police Reform Act 2002 (offences against designated and

15

accredited persons etc.), in subsection (2), for “one month” there is

substituted “51 weeks”.

Nationality, Immigration and Asylum Act 2002 (c. 41)

58         

In section 137 of the Nationality, Immigration and Asylum Act 2002

(offences relating to the disclosure of information), in subsection (2)(a), for

20

“three months” there is substituted “51 weeks”.

Anti-social Behaviour Act 2003 (c. 00)

59         

In section 47 of the Anti-social Behaviour Act 2003 (closure of noisy

premises), in subsection (5)(a), for “three months” there is substituted “51

weeks”.

25

Schedule 26

Section 255

 

Enabling powers: alteration of maximum penalties etc.

Plant Health Act 1967 (c. 8)

1     (1)  

Section 3 of the Plant Health Act 1967 (control of spread of pests in Great

Britain) is amended as follows.

30

      (2)  

In subsection (4A), for “three months” there is substituted “the prescribed

term”.

      (3)  

After that subsection there is inserted—

“(4B)   

In subsection (4A) above, “the prescribed term” means—

(a)   

in relation to England and Wales, 51 weeks;

35

(b)   

in relation to Scotland, three months.”

 

 

Criminal Justice Bill
Schedule 26 — Enabling powers: alteration of maximum penalties etc.

345

 

Agriculture Act 1967 (c. 22)

2     (1)  

Section 9 of the Agriculture Act 1967 (powers to meet future developments

in livestock and livestock products industries) is amended as follows.

      (2)  

In subsection (10), for “three months” there is substituted “the prescribed

term”.

5

      (3)  

After that subsection there is inserted—

“(10A)   

In subsection (10), “the prescribed term” means—

(a)   

in relation to England and Wales, 51 weeks;

(b)   

in relation to Scotland, three months.”

European Communities Act 1972 (c. 68)

10

3     (1)  

Paragraph 1 of Schedule 2 to the European Communities Act 1972

(provisions as to powers conferred by section 2(2)) is amended as follows.

      (2)  

In sub-paragraph (1)(d), for “three months” there is substituted “the

prescribed term”.

      (3)  

After sub-paragraph (2) there is inserted—

15

“(3)       

In sub-paragraph (1)(d), “the prescribed term” means—

(a)   

in relation to England and Wales, where the offence is a

summary offence, 51 weeks;

(b)   

in relation to England and Wales, where the offence is

triable either way, twelve months;

20

(c)   

in relation to Scotland and Northern Ireland, three

months.”

Slaughterhouses Act 1974 (c. 3)

4          

In section 38(5) of the Slaughterhouses Act 1974 (maximum penalties to be

prescribed by regulations), the words “or imprisonment for a term of three

25

months or both” are omitted.

Anatomy Act 1984 (c. 14)

5     (1)  

Section 11 of the Anatomy Act 1984 (offences) is amended as follows.

      (2)  

In subsection (7), for “3 months” there is substituted “the prescribed term”.

      (3)  

After that subsection there is inserted—

30

“(7A)   

In subsection (7), “the prescribed term” means—

(a)   

in relation to England and Wales, 51 weeks;

(b)   

in relation to Scotland, 3 months.”

Environmental Protection Act 1990 (c. 43)

6     (1)  

Section 141 of the Environmental Protection Act 1990 (power to prohibit or

35

restrict the importation or exportation of waste) is amended as follows.

      (2)  

In paragraph (g) of subsection (5), for “six months” there is substituted “the

prescribed term”.

 

 

Criminal Justice Bill
Schedule 27 — Increase in penalties for drug-related offences

346

 

      (3)  

After that subsection there is inserted—

“(5A)   

In subsection (5)(g), “the prescribed term” means—

(a)   

in relation to England and Wales, where the offence is a

summary offence, 51 weeks;

(b)   

in relation to England and Wales, where the offence is triable

5

either way, twelve months;

(c)   

in relation to Scotland and Northern Ireland, six months.”

Scotland Act 1998 (c. 46)

7     (1)  

Section 113 of the Scotland Act 1998 (subordinate legislation: scope of

powers) is amended as follows.

10

      (2)  

In paragraph (a) of subsection (10), for “three months” there is substituted

“the prescribed term”.

      (3)  

After that subsection there is inserted—

“(10A)   

In subsection (10)(a), “the prescribed term” means—

(a)   

in relation to England and Wales, where the offence is a

15

summary offence, 51 weeks;

(b)   

in relation to England and Wales, where the offence is triable

either way, twelve months;

(c)   

in relation to Scotland and Northern Ireland, three months.”

Regulatory Reform Act 2001 (c. 6)

20

8     (1)  

Section 3 of the Regulatory Reform Act 2001 (limitations on order-making

power) is amended as follows.

      (2)  

In paragraph (b) of subsection (3), for “six months” there is substituted “the

prescribed term”.

      (3)  

After that subsection there is inserted—

25

“(3A)   

In subsection (3)(b), “the prescribed term” means—

(a)   

in relation to England and Wales, where the offence is a

summary offence, 51 weeks;

(b)   

in relation to England and Wales, where the offence is triable

either way, twelve months;

30

(c)   

in relation to Scotland and Northern Ireland, six months.”

Schedule 27

Section 256

 

Increase in penalties for drug-related offences

Misuse of Drugs Act 1971 (c. 38)

1     (1)  

Schedule 4 to the Misuse of Drugs Act 1971 (prosecution and punishment of

35

offences) is amended as follows.

      (2)  

In column 6 of that Schedule (punishments for offences under that Act

committed in relation to Class C drugs), in each of the following entries, for

“5 years” there is substituted “14 years”.

 

 

 
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Revised 13 November 2003